(4) Passes the practical demonstration: Provided, That the
practical demonstration approved by the commissioner may be
administered on-site by a qualified company representative;

(5) Presents the original, or a photographic copy, of a
physician's certificate that he or she is physically qualified to
drive a commercial motor vehicle as required by 49 C.F.R. §391.41,
as of the effective date of this article or an equivalent
physician's certificate as approved by the commissioner; and

(6) Pays the appropriate fees.

(b) Certification issued under this article is valid
throughout the state and is not assignable or transferable, and is
valid for one year from the date on which it was issued.

(c) Notwithstanding any other provision of this article to the
contrary, the commissioner shall establish a dual classification
system of certification as follows:

(1) Class A certification, which will provide eligibility for
national certification, and for which the applicant must achieve a
passing score of seventy on the national commission for the
certification of crane operators written examination;

(2) Class B certification, for which the commissioner may
accept a lesser score on the national commission for the
certification of crane operators written examination: Provided, That this score may not be less than sixty for Class B
certification.

(d) On and after November 10, 2014:

(1) All individuals who operate cranes in the State of West
Virginia which are governed by the provisions of the Occupational
Safety and Health Administration of the United States Department of
Labor, 29 C.F.R §1926.1400, Subpart CC, are required to hold a
Class A certification; and

(2) All individuals who operate cranes in the State of West
Virginia which are not governed by any provision of the
Occupational Safety and Health Administration of the United States
Department of Labor are required to hold a Class B certification.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.